PEOPLE v. ZIRBEL

251 KA 16-02331.

159 A.D.3d 1545 (2018)

73 N.Y.S.3d 337

2018 NY Slip Op 02064

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CLAUDE E. ZIRBEL, Appellant.

Appellate Division of the Supreme Court of New York, Fourth Department.

Decided March 23, 2018.


It is hereby ordered that the judgment so appealed from is unanimously modified on the law by vacating the sentence imposed and as modified the judgment is affirmed, and the matter is remitted to Cayuga County Court for resentencing.

Memorandum: In 2011, defendant pleaded guilty to driving while intoxicated (DWI) as a class D felony and aggravated unlicensed operation of a motor vehicle in the first degree, and he was sentenced to concurrent indeterminate terms of...

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